USNS Cesar Chavez NCIS Sexual Assault File

Two USNS Cesar Chavez Unwanted-Touching Reports Fell Short of DOJ Prosecution.

A crewmember said a coworker first hugged him while complimenting his physique in Hawaii, then later wrapped his arms around him and rubbed his buttocks while USNS Cesar Chavez was underway. NCIS documented the scene and interviewed ship personnel, but DOJ cited lack of corroboration and a misdemeanor classification below the MEJA threshold.

Sexual AssaultUSNS Cesar ChavezCivilian MarinerShipboard MisconductDepartment of Justice DeclinationMEJAVictim's Legal Counsel

This page summarizes one Naval Criminal Investigative Service case file. The source PDF and optical character recognition transcript appear below so readers can compare the summary against the record.

What the NCIS File Says

A USNS Cesar Chavez crewmember reported two incidents of unwanted touching by a coworker. In the first, while the ship was in Hawaii, he said the coworker wrapped his arms around him and complimented his physique; he gave the coworker a pass and did not report it.

In the second incident, while the ship was underway, he said the coworker walked behind him, wrapped his arms around him, and rubbed his buttocks. He reported that incident immediately to his chain of command.

NCIS interviewed the reporting person with Victim Legal Counsel present, documented the scene with a sketch and digital photography, interviewed the accused, and conducted screening interviews of personnel assigned to the ship. The accused denied sexually assaulting him.

The Department of Justice determined the case lacked prosecutorial merit, citing lack of corroboration and classifying the alleged sexual assault as a misdemeanor that did not meet the MEJA prosecution threshold.

Case Timeline

February 18, 2015

The reporting person said the first incident occurred while USNS Cesar Chavez was in Hawaii.

July 9, 2016

The reporting person said the second incident occurred while USNS Cesar Chavez was underway.

July 17, 2016

NCIS interviewed the reporting person with Victim Legal Counsel present.

December 5, 2016

A Department of Justice official advised that the investigation lacked prosecutorial merit.

December 6, 2016

Command and Military Sealift Command legal counsel were briefed and NCIS closed the investigation.

Why This Record Matters

The file shows how a concrete shipboard touching allegation can fail in federal prosecution because of corroboration and jurisdiction thresholds.

The reporting person's removal from the ship and repatriation show an immediate operational response even without prosecution.

MEJA threshold analysis is central to the accountability outcome.

NCIS Source Document

This is the NCIS Report of Investigation for the USNS Cesar Chavez file. MLAA has preserved the source PDF, Bates range, and NCIS file number so readers can inspect the record directly.

First page preview for Two USNS Cesar Chavez Unwanted-Touching Reports Fell Short of DOJ Prosecution.

First page of the NCIS case file.

Source type: NCIS investigation file
Command or vessel: USNS CESAR CHAVEZ/29003
NCIS file number: 18JUL16-MEBJ-00296-8SNA/C
Bates range: 0171-0172
Source file length: 2 pages

View NCIS Source PDF for Case 18JUL16-MEBJ-00296-8SNA/C

Readable OCR Transcript

The transcript below reproduces the substantive report text from the NCIS file in readable form, including the executive summary when one appears in the source. Paragraph numbers come from the original report. Redactions are shown as [REDACTED]. Because the text was generated from OCR, verify exact quotations against the source PDF.

EXECUTIVE SUMMARY

1. This reactive investigation was initiated subsequent to notification from)! [REDACTED] JAGC, USN, Victim Legal Counsel (VLC), Naval Support Activity (NSA) Bahrain, who advised [REDACTED], reported he was inappropriately touched by a co-worker while aboard the USNS CESAR CHAVEZ (T-AKE-14). On 17Jul16, Reporting Agent (RA) interviewed(4[REDACTED] €) with [REDACTED] ¢)present . (4[REDACTED] reported two incidents wherein he reported he was inappropriately touched by [REDACTED] Both incidents occurred on the USNS CESAR CHAVEZ. The first incident took place on 18Feb15, while the shipped wag [REDACTED] Hawaii. During this incident [REDACTED] jwas in his room when [REDACTED] wrapped his arms around(y[REDACTED] while complimenting him on his physique. [REDACTED] jconveyed to [REDACTED] that he did not appreciate [REDACTED] touching him and asked him not to do it again. In regards to the first incident, (h[REDACTED] jstated he gave [REDACTED] "pass" and did not report the incident to Command. On 009Jul16, while the USNS CESAR CHAVEZ was underway [REDACTED] walked behind [REDACTED] wrapped his arms around him and rubbed his buttocks.[REDACTED]stated he told [REDACTED] touch him and immediately reported the incident to his chain of command. (h[REDACTED] Cjstated he discarded the clothing he was wearing during the assault. Upon request, [REDACTED] flown off the USNS CESAR CHAVEZ and repatriated to the United States. A protective/restraining order was not issued because[REDACTED] longer assigned to the USNS CESAR CHAVEZ. Alcohol is not a contributor to this incident [REDACTED] provided a victim/witness pamphlet. A scene examination was conducted and documented with a sketch and digital photography [REDACTED] interviewed during which he denied sexually assaulting [REDACTED] Screening interviews were conducted of personnel assigned to the USNS CESAR CHAVEZ. (b)(3) (b)(3) [REDACTED] Assistant United States Attorney (AUSA) reviewed this investigation and determined it lacked prosecutorial merit. [REDACTED] Combined Task Force TF) 53, and) (py) [REDACTED] Legal Counsel, Military Sealift Command, were briefed about this investigation. This investigation is closed.

NARRATIVE

1. This case was initiated as a reactive criminal investigation and pertains to a suspected violation of 18 U.S.C. 113(a) (Sexual Assault Within Maritime and Territorial Jurisdiction).

2. Subsequent to the investigative steps documented in References (A) -(B), on 05Deci16, [REDACTED], Deputy Chief, U.S. Department of Justice, advised a review of captioned investigation considering the totality of circumstances, including the lack of corroboration, weighs against prosecution. [REDACTED] classified the alleged sexual assault as a misdemeanor thus it does not meet the threshold for MEJA prosecution.

3. On 06Dec16, [REDACTED] CTF 53 OIC,) — [REDACTED] Master, USNS CEASAR CHAVEZ, and [REDACTED] Legal Counsel, Military Sealift Command, was apprised about the status of this investigation.

4. This investigation is closed.